Dr Yaraslau Kryvoi, MCIArb, LLM (Harvard) 8 kryvoi.net + [email protected] & ssrn.com/author_id=558721 Yaraslau Kryvoi is an Associate Professor at the University of West London and serves on editorial boards of several international periodicals. For several years he practised international dispute resolution with Freshfields in London and Morgan Lewis in Washington DC. His practice focused on investor-state arbitration, international public law and international commercial arbitration. He has advised States, international organisations and non-governmental organisations on matters of international law. He has extensively published on international dispute resolution, international economic law, employment law as well as law and policy in former Soviet Union countries. ________________________________________________________________ Academic Career Details • University of West London, Associate Professor, since 2013; Senior Lecturer 2011-2013; course leader for the 3rd year LLB; link tutor for a joint LLM programme with a partner institution in Sri Lanka. • London School of Economics, University of London, Department of Law: Visiting Fellow (co-taught Advanced Issues of International Arbitration), 2010-2011. • Queen Mary, University of London, Department of Law: Visiting Lecturer (co-taught International Economic Law; International Trade and Investment Dispute Settlement), 2010. • Bilkent University, Ankara, Turkey: Visiting Lecturer (taught a course on international arbitration), 2008. • Harvard Law School, Research Assistant to Prof Reinier Kraakman (conducted research on law & economics in the context of corporate law), 2006-2007. • Belarusian State University, Lecturer, Department of Private International and European Law, 2004-2006. Classes Taught • International Commercial Law, Comparative Corporate Law and Governance, International Commercial Arbitration and Mediation, Legal Aspects of International Finance, International Economic Law, International Investment Law, European Union Law, English Contract Law, International Public Law, International and Comparative Labour Law, Civil Law. Non-Academic Career Details • Freshfields Bruckhaus Deringer LLP, London, United Kingdom: Associate (practised international commercial and investor-state arbitration with a special focus on oil & gas disputes involving Russia, Eastern Europe and Central Asia), 2009-2010. • Morgan, Lewis & Bockius LLP, Washington, DC, United States: International Legal Consultant (practice focused on public international law, international commercial arbitration and federal litigation involving issues of international and foreign law), 2007-2009. • United States Court of Appeals for the District of Columbia Circuit, Washington, DC: Extern Law Clerk to Judge Stephen F. Williams (researched and drafted detailed June 2015 1 memoranda and opinions in cases involving public international law, foreign law, sovereign immunity and other US federal law issues), 2007. • Economic Court of the Commonwealth of Independent States, Minsk, Belarus: Counsel (prepared memoranda on various issues of international administrative law, employment and pension rights of international civil servants), 2005-2006 (part-time). • International Labour Organisation, Geneva, Switzerland: Intern, Multinational Enterprises Program (analysed oil & gas multinationals' corporate codes of conduct, labour and investment legislation of the former Soviet Union countries), 2002. • Baker & McKenzie, St Petersburg, Russia: Summer Associate (drafted due diligence reports, wrote memoranda on various issues of Russian commercial and employment law, prepared articles on doing business in Russia), 2001. Education and Qualifications • Harvard Law School, merit scholarship, LLM, 2007. • Belarusian State University and Moscow State Law Academy, tuition waiver, PhD in Law, 2006. • Nottingham University and Utrecht University, Huygens Scholar, joint Master’s in International and European Law with honours, 2003. • Ludwig-Maximilians-Universität München, Munich University Summer Training in German and European Law (MUST), 2003. • St Petersburg State University, merit scholarship, LL.B with distinction, 2002. • USD Oxford Institute on International and Comparative Law, intensive summer courses on international commercial arbitration and European Union law, 2001. • Member of the New York Bar (2008), qualified lawyer in Russia (2003) and Belarus (2003), Member of the Chartered Institute of Arbitrators, MCIArb (2015). Relevant External Activities • Approved tutor and examiner, Chartered Institute of Arbitrations, since 2015. • Trustee, Belararusian Francis Skaryna Library and Museum in London, since 2014. • Senior Advisor, International Courts Committee of the American Bar Association Section of International Law, since 2014. • Member of the Arbitrators Panel, Kuala Lumpur Regional Arbitration Centre, since 2014. • External Examiner, The Dickson Poon School of Law, King’s College London, since 2014. • Editor, The Journal of Belarusian Studies, since 2013. • Co-Chair, International Courts Committee of the American Bar Association Section of International Law, 2012-2013. • Higher Education Academy, Fellow, since 2013. • Ostrogorski Centre, Founder & Director, since 2012. • Russian and CIS Arbitration Network, Member of Executive Committee, since 2012. June 2015 2 • International Council for Commercial Arbitration (ICCA), Advisory Member, since 2011. • Philip Jessup International Law Moot Court Competition: national champion (Russia), 2001; coach (Belarus), 2004-2005; judge, 2007-2010 (Belarus, Russia, UK, USA). Funding, Fellowships, Grants • Participant and Grantee, Institute for Global Law and Policy at Harvard Law School, 2012, 2014. • Open Society Institute Academic Fellowship Program, Minsk, Belarus: Returning Scholar, 2005-2006. • Open Society Institute Civic Education Project, Minsk, Belarus: Local Faculty Fellow, 2004-2005. • University of Minnesota Carlson School of Management, Humphrey Institute of Public Affairs, Industrial Relations Center “Governing the Global Workplace” Symposium: Paper Prize, 2005 ($5,000). • Max-Planck Institute for Foreign and International Social Law, Munich, Germany: Visiting Fellow, 2003. • German Academic Exchange Service (DAAD), Munich University Summer Training in German and European Law (MUST), Germany: DAAD Scholar, 2003. • The Government of the Netherlands, The Hague, the Netherlands: Huygens Scholar, 2002. Enterprise and Consultancy • Consultant for various international NGOs and intergovernmental organisations including the World Trade Organisation (2012), the International Labour Organisation (2006-2007), the European Commission (2006), the Economic Court of the Commonwealth of Independent States (2004-2006). • EU International Association for the Promotion of Cooperation with Scientists from the New Independent States of the Former Soviet Union (INTAS): scientific evaluator and expert for INTAS projects, 2005 – 2007. Editorships • International Legal Materials (ILM), American Society for International Law, Corresponding Editor, since 2009. • CIS Arbitration Forum, Founder and General Editor, since 2010. • The Journal of Belarusian Studies, Editor, since 2013. • International Journal of Comparative Labour Law and Industrial Relations, Kluwer Law International, Editor, 2003-2013. • International Encyclopaedia of Laws, Kluwer Law International, Member of International Advisory Board, since 2002. June 2015 3 Articles in Academic Journals • ‘Consent Awards in International Arbitration: From Settlement to Enforcement’, BROOKLYN JOURNAL OF INTERNATIONAL LAW, Volume 40 (forthcoming, 2015). • ‘The Law Applied by International Administrative Tribunals: From Autonomy to Hierarchy’, GEORGE WASHINGTON INTERNATIONAL LAW REVIEW, Volume 46, pp. 267-301 (2015). • ‘International Courts’ in THE YEAR IN REVIEW, AN ANNUAL PUBLICATION OF THE ABA/SECTION OF INTERNATIONAL LAW, pp. 129-147 (co-authored with Emerson Beishline et al, 2013). • ‘Corporate Disputes in Arbitration Tribunals: To Be or Not To Be’, ZAKON, Issue 4, pp.108-118 (co-authored with Sergey Strembelev, in Russian) (2013). • ‘Counterclaims in Investor-State Disputes’, MINNESOTA JOURNAL OF INTERNATIONAL LAW, Volume 21, pp. 216-252 (2012), London School of Economics Legal Studies Working Paper No. 8/2011 (2011). • ‘Piercing the Corporate Veil in International Arbitration’, GLOBAL BUSINESS LAW REVIEW, Volume 1, pp.169-186 (2011). • ‘The Achilles' Heel of Autocracies: The Role of Media in Transition to Democracy’, WILLAMETTE LAW REVIEW, Volume 46, pp. 75-98 (2009). • ‘Employee Ownership and Corporate Governance in Post-Privatization Russia’, UC DAVIS BUSINESS LAW JOURNAL, Volume 8, pp. 298-322 (2008); reprinted in CORPORATE GOVERNANCE IN TRANSITION ECONOMIES, pp. 221-249 (McGee ed. 2008). • ‘Why European Union Trade Sanctions Do Not Work’, MINNESOTA JOURNAL OF INTERNATIONAL LAW, Volume 17, pp. 209-246 (2008); Harvard European Law Working Paper No.02/2007 (2007). • ‘Enforcing Labor Rights against Multinational Corporate Groups in Europe’, INDUSTRIAL RELATIONS: A JOURNAL OF ECONOMY AND SOCIETY, Volume 46, pp. 364-384 (2007). • ‘Discrimination and Security of Employment in a Post-Soviet Context’, THE INTERNATIONAL JOURNAL OF COMPARATIVE LABOUR LAW AND INDUSTRIAL RELATIONS, Volume 22, No.1, pp. 5-17 (2006). • ‘Smarriti nella transizione: i lavoratori meno giovani nelle economie europee di transizione’, Diritto delle Relazioni Industriali, Volume 15, No.4, pp. 1019-‐1026 (2005) (in Italian). • ‘The Relationship between the State and Trade Unions on the Labour Market: the Belarusian Case’, BULLETIN OF COMPARATIVE LABOUR RELATIONS, Volume 48, pp.223-231 (2003). Monographs and Book Chapters • THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES, 228 pp. (Kluwer Law International 2013, new edition expected in 2016). • ‘Bribery and Russia-Related Arbitration’, in ARBITRATION IN CIS COUNTRIES: CURRENT ISSUES, pp. 113-126 (Association for International Arbitration 2012). June 2015 4 • ‘Flexibility and Security in the World Bank’s Doing Business Reports’, in LABOUR REGULATION IN THE 21ST CENTURY: IN SEARCH OF FLEXIBILITY AND SECURITY (Tomas Davulis & Daiva Petrylaitė eds), pp. 49-62 (Cambridge Scholars Publishing 2012). • LABOUR LAW IN BELARUS, 120 pp. (Kluwer Law International 2011). • ‘The World Bank and the ILO: Two Visions of Employment Regulation’, in REGULATION OF FIXED-TERM EMPLOYMENT CONTRACTS: A COMPARATIVE OVERVIEW (Roger Blanpain & Claire Grant eds.), pp. 47-59 (Wolters Kluwer 2009). • ‘Do International Labour Standards Matter? Some Peculiarities of Social Partnership in Belarus’ in LABOUR AND SOCIAL SECURITY LAW IN XXI CENTURY: CHALLENGES AND PERSPECTIVES, pp. 535-547 (Cambridge Scholars Publishing 2007). • THE EU GENERALIZED SYSTEM OF PREFERENCES AND LABOR STANDARDS: THE ROLE OF LAW, ECONOMICS AND POLITICS, Published Thesis (LLM), Harvard Law School, Cambridge, MA 2007. • LEGAL REGULATION 2007) (in Russian). • ‘Belarus’ in SMOKING AND Law International, 2005). OF TEMPORARY AGENCY WORK, 135 pp. (Kovaliova Publisher THE WORKPLACE (Roger Blanpain ed.), pp. 69-75 (Kluwer Selected Shorter Articles and Reviews • ‘From Sanctions to Summits: Belarus after the Ukraine Crisis’, Policy Memo, The European Council on Foreign Relations, May 2015. • ‘Contract Law in Russia’ (book review), KING’S LAW JOURNAL, Volume 25, pp.488491 (2014). • ‘Russia's Mistral Deal under International Sanctions — Will the Dispute be Arbitrable?’ (co-authored with Ivan Philippov) LexisPSL Arbitration, 3 October 2014. • ‘Clash of Giants — the Yukos Arbitration Decision’, LexisPSL Arbitration, 12 August 2014. • ‘Protecting Foreign Investors in Crimea: is Investment Arbitration an Option?’ Lexis PSL Arbitration, 31 July 2014. • ‘Zabluzhdenia o mezhdunarodnom kommercheskom arbitrazhe’ (Misconceptions about International Arbitration) (co-authored in Russian with Noah Rubins), CORPORATE LAWYER, ISSUE 56, pp.56-58 (2011) (in Russian). • ‘Introductory Note to European Court of Human Rights: Kin-Stib & Majkic v. Serbia (Can an Arbitration Award be Expropriated?)’, INTERNATIONAL LEGAL MATERIALS, VOLUME 49, pp.1181-1184, 2010. • Termination of Employment Legislation Digest: Belarus, International Labour Organization, Geneva (2007). • ‘Belarusian Labour Law – Stuck in Transition’, TRANSITION STUDIES REVIEW, Volume 13, pp. 571-575 (2006). • ‘Transnational Corporations and Labour’, PRAVOVEDENIE, Volume 5, pp. 121-126 (2000) (in Russian). June 2015 5 Works in Progress • The International Centre for Settlement of Investment Disputes (new edition of the book, to be published in 2015). • Abuse of Power in Investor-State Arbitration (with Alisher Umirdinov). • Sources on Law in Private-Public International Dispute Resolution. Selected Recent and Forthcoming Presentations • Presentation on corruption and related misconduct in international dispute resolution in transition economies at the 33rd Cambridge International Symposium on Economic Crime at Jesus College, University of Cambridge, United Kingdom, September 2015. • Series of lectures on international dispute resolution at Nagoya University Graduate School of Law, Japan, June 2015. • Presentation ‘Economic Sanctions and Arbitrability’ at seminar ‘The Effect of Sanctions and Political Interactions between Governments on International Rule of Law and Resolution of Disputes’ organised by the Kuala Lumpur Regional Centre for Arbitration, Kuala Lumpur, Malaysia, May 2015. • Presentation ‘Hierarchy in International Administrative Law’ at international colloquy ‘Common Focus and Autonomy of International Administrative Tribunals’ organised by the Council of Europe, Strasbourg, March 2015. • Presentation ‘The Law Applied by International Administrative Tribunals: From Autonomy to Hierarchy’, Oxford Public International Law Discussion Group, University of Oxford, February 2015. • Presentation ‘Pitfalls When Dealing with Settlement Agreements in International Arbitration‘ at the ICLP Arbitration Centre, Colombo, Sri Lanka, January 2015. • Presentation ‘EU Sanctions against Belarus: Theory and Practice’ at the Transformation Studies Summer School organised by the European Humanities University in Trakai, Lithuania, July 2014. • Presentation ‘Are European Union Sanctions Fit for Purpose?’ at the annual conference of British International Studies Association, Dublin, Ireland, June 2014. • Presentation ‘Varieties of State Capitalism and International Economic Order: China, Russia, Brazil and Beyond’ at the Institute for Global Law and Policy intensive residential program at Harvard Law School, Cambridge, MA, United States, June 2014. • Presentation ‘Jurisdiction over Human Rights Violations’ at the conference Transnational Business and Human rights in the Context of the United States, European Union and International Law in Investor-State Arbitration organised by the European Humanities University, Vilnius, Lithuania, May 2014. • Presentation ‘Counterclaims in Investor State Arbitration’, Nagoya University, Japan, April 2014. • Presentation ‘International Administrative Law: Between Fragmentation and Constitutionalisation’ at a conference organised by the Polish Academy of Science in Warsaw, November 2013. • Presenting research paper ‘Optimizing the Effect of the European Humanities University on Belarus’ at the Congress of Belarusian Studies in Kaunas, Vilnius, June 2015 6 October 2013. • Presentation ‘International Administrative Law: Real Law and Soft Law’ at the regional International Law Association Conference in Athens, Greece, August 2013. • Course ‘Bilateral Investment Treaties: Rights, Remedies and Related International Arbitration Process (including ICSID)’, CPD accredited training, Osborne Clarke, London, United Kingdom, June 2013. • Talk ‘International Administrative Law: A Truly Transnational Law?’ Conference The Transnational Dimension of Labour Relations: A New Order in the Making?, University of Modena, Italy, March 2013. • Lecture ‘Obligations of Investors under International Law’, The Centre for Transnational Legal Studies, London, UK, March 2013. • Open Lecture ‘Employability of Young Lawyers: What do Employers Want?’, Belarusian State University, Minsk, Belarus, March 2013. • Chairing ‘International Dispute Resolution Involving Russian and Companies’ conference, Sofitel St James Hotel, London, UK, February 2013. CIS • ‘Investment Arbitration: Challenges and Opportunities for Sri Lanka’ talk at the Annual Sri Lanka Corporate Lawyers Conference, Colombo, Sri Lanka, September 2012. • Teaching a seminar on International Trade Regimes for officials from the former Soviet Union countries on International Trade at a seminar organised by the World Trade Organisation, Istanbul, Turkey, September 2012. • Talk ‘Thirty Years of Counterclaims in Investor-State Disputes: A Study of ICSID, UNCITRAL and Iran-US Claims Tribunal Jurisprudence’ at the Institute of Advanced Legal Studies, University of London, June 2012. • Organising and lecturing at Minsk Summer Arbitration School, Minsk, Belarus, June 2012. • Talk ‘Corruption and Russia-Related Arbitration’ at a conference organised by the International Association for Arbitration in Brussels, Belgium, June 2012. • Moderating a panel ‘What makes Belarus Different?’ on Belarus at an event with Edward Lucas, international editor of the Economist at the European Council of Foreign Relations in London, UK, May 2012. • Open lecture ‘Introduction to Economic Analysis of Law’ organised by Belarusian Research and Outreach Centre, Minsk, Belarus, February 2012. • Presentation on the World Bank and international labour standards at a conference on labour and trade union rights in China, Bonn, Germany, November 2011. • Presentation ‘Addressing Investor Misconduct: Counterclaims in Investor-State Arbitration’ at international workshop Legitimacy and Efficiency in Global Economic Governance, Lecce, Italy, May 2011. Personal information • Citizen of Belarus. Permanent resident in the United Kingdom. • Languages: English, Belarusian, Russian, Polish – fluent. German, Ukrainian – working knowledge. June 2015 7
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